HOW MANY TIMES WILL SOCIAL SECURITY DENY MY CLAIM?
- The Forsythe Firm
- Jan 10, 2021
- 2 min read
The answer is usually twice.
The initial application is usually denied after 3 to 5 months. Less than 25 percent of claims get approved at this stage, and those are usually very catastrophic cases such as certain types of cancer, end-of-life stage diseases, or other catastrophic conditions.
The second phase, called "Reconsideration,"{ results in denial up to 97 percent of the time. So, very little hope here.
The third phase of a claim is a Hearing before an Administrative Law Judge. The odds here depend largely on two things: Who is your judge? And do you have representation?
Some Social Security data we've seen shows that only 31 percent of unrepresented claimants win their appeal here, while 60 percent who are represented win.
Why does the judge matter, since Social Security regulations are uniform and the same rules are followed by all judges? It's a good question and one that has been debated for decades. The truth is that judges are personalities just like everyone else, thus with divergent opinions and attitudes about disability. If you look at all the administrative law judges in your state, you will find that the award rate varies a lot between judges. One judge may approve 60 percent of cases, while another judge in the same office may only approve 13 percent. I'm not sure this is fair or just--but it's the way it is. (Of course neither you or your representative can pick the judge).
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